Standard of Care Podcast


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Episode 4: Nope!

On this episode of the Standard of Care Podcast, Nick and Samantha discuss one of their favorite topics: patient refusals! We examine why patient refusals are a liability trap - how can providers walk the fine line between respecting patient wishes and ensuring that patients receive proper care? We discuss Nick’s handy acronym “CURED” (capacity, understanding, risks, education, decision/documentation). Making sure your patient is CURED protects you as the provider from liability and ensures that your patient is making an informed decision about refusing care. Please like, comment, and subscribe!


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Show Notes / Links


Sign Here: A Practioner’s Guide to Patient Refusals. Presentation by Nick Adams and Samantha Johnson at the Vermont Healthcare & EMS Preparedness Conference, 2019.


Cases cited in the presentation:

Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 110 S.Ct. 2841, 111 L.Ed.2d 224 (1990), available at https://www.law.cornell.edu/supremecourt/text/497/261

Estate of Stephanie Stephens v. Geoffrey Mount-Varner, MD and District of Columbia, 2010 CA 007232 (Superior Court, District of Columbia). Copy of complaint available at http://www.firelawblog.com/wp-content/uploads/sites/19/2011/02/stephens-complaint-wrongful-death.pdf

Varone, C. (2010, October 04). Wrongful Death Lawsuit Filed Against DC Fire & EMS Over Toddler's Death. Retrieved November 12, 2020, from http://www.firelawblog.com/2010/10/04/wrongful-death-lawsuit-filed-against-dc-fire-ems-over-toddlers-death/

Nicole Black, as Personal Representative of the Estate of Crystle Marie Galloway, v. Hillsborough County Board of Commissioners, 19-CA-010708 (Circuit Court of the 13th Judicial Circuit in and for Hillsborough County, Florida). Copy of complaint available at http://41af3k34gprx4f6bg12df75i.wpengine.netdna-cdn.com/wp-content/uploads/sites/19/2019/10/Black-v-Hillsborough-County-19-CA-010708_COMPLAINT.pdf

Ms. Galloway’s case settled for 2.75 million: https://www.tampabay.com/news/hillsborough/2020/06/25/hillsborough-okays-275-million-settlement-for-paramedics-inaction-prior-to-womans-death/

Wolfberg, D. (2020, August 19). A case for eliminating patient refusals in EMS. Retrieved November 12, 2020, from https://www.ems1.com/refuse-treatment/articles/a-case-for-eliminating-patient-refusals-in-ems-88CvNJ4EBnohVoc4/

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